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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a 2002 Static caravan in 2014 FOR £14,000, I had

Resolved Question:

Hi,
I purchased a 2002 Static caravan in 2014 FOR £14,000 , I had to purchase new living room suite and bed as previous owner removed them ( allowed for in sale price ) I then had to have the decking replaced as in unsafe condition total spend £4,000 , I would like to sell it now as have ill health and have found a buyer at £14,000 of which I understand that a transfer fee needs to be paid to the site owner ( no problem ) but the site owner say's that I have to sell it to him at £5,000 or remove it from site as it is 14 yrs old but we can keep it on site untill 23 yrs old , I have said that the prospective buyer will meet site owner to ensure all are happy but he flatly refuses to budge .
Kind Regards
R Stibbs
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

What is your agreement with the site owner?

Customer: replied 9 months ago.
General Park Information sheet and Agreement
Maximum age We operate a maximum age limit of 18yrs or 23 yrs for Winterised ( my one is Winterised )
Selling At all times , the seller , in the first instance must offer Orwell Meadows the oppotunity of purchasing the existing unit at a fair/Trade price or if the unit is older the current book price . As stated , it is normal practise to sell to the Park . On all occasions a 15% + vat commision is levied on the sale or the book price of the unit ( which ever is the highest ) The site agreed that I could sell it to my sister in law late last year for £14,000 but now say that was a one off.
Regards
Expert:  Ben Jones replied 9 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 9 months ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

What does the agreement say about MUST selling it to the owner please?
Alex

Customer: replied 9 months ago.
Hi Alex
I replied to yr question yesterday did u receive it ?
Regards
Ray
Expert:  Ash replied 9 months ago.

No Ray, could you respond again?

Customer: replied 9 months ago.
Alex
General information and agreement
In the first instance the park must be offered the static for fair / trade price
Park owner offered £5000 last year offered £6000 today told me last year that I could sell it to my sister in law suggested £14,000 as fair price I paid £14,000 2 plus years ago with no living room suite or bed in 2 nd bedroom paid £1,800 for suite plus new bed etc and had new decking constructed as original unsafe
Owner says that although there is 9 years left on agreement at least l can't sell it to 3rd party as over 10 years old but it was over 10 years old when I bought it
I have a cash buyer waiting and prepared to meet park owner to make sure they are suitable people
I can't understand what difference it make if I own it or Joe Bloggs owns it whoever will only have full rights for 9 years and park owner will charge me approximately £2,000 for signing transfer paperwork
I think he want our plot to put new static and make more money from that sale as plots are at premium
There are 2 statics adj to mine there in excess of 25 years old
Regards
Ray
Expert:  Ash replied 9 months ago.

When did YOU become occupier of the home?

Customer: replied 9 months ago.
2014
Expert:  Ash replied 9 months ago.

They cant stop you from selling it to anyone, no matter what site rules say.

That is the law. You can assign it to whoever you want.

In any event by law they are capped at 10% commission, they can NOT charge any more.

For more information please see:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405214/150217_Selling_a_home_revl.pdf

In short you can sell it to whoever you want and they cant charge more than 10%

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
Thanks for that but can he tell us to remove it from site even though we have 9 years left on agreement?
Regards
Raymond
Expert:  Ash replied 9 months ago.

NO!!!!!!!!

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 9 months ago.

If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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